Terms and Conditions

Deep Sea Fishing Charters Pty Ltd Australia and Mystery Bay Charters are subsidiaries of Deep Sea Fishing Proprietary Limited.

WE/US/ENTITY/ DEEP SEA FISHING CHARTERS PTY LTD  = DEEP SEA FISHING CHARTERS PTY LTD

YOU, PASSENGERS, PARTICIPANTS, ORGANISER, PATRONS, CLIENTS, PARTY = customers that have directly or indirectly paid and booked a charter with Deep Sea Fishing Charters.

• You must always listen and abide by skippers instructions.You /parent or guardian for under 18 / are responsible to inform the staff of Deep Sea Fishing Charters Pty Ltd for of any food allergies/ intolerances or health conditions which may affect your safety on board and in the water. This must be notified prior to booking and on the Day.

• You only   board and disembark the boat once the skipper has advised it is save to do so
• You should wear weather appropriate clothing and footwear, apply sunscreen and keep hydrated.
• You must not be intoxicated or cause or partake in disruptive behaviour.

By booking a charter with Deep Sea Fishing Pty Ltd , YOU( the client )and all participants in your booking( i.e. ( EXCLUSIVE GROUP or SMALL GROUPS of individual booking ) are deemed to have fully read, understood and agreed upon the terms and conditions in this document( or below). YOU also acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002(Hyperlink). YOU also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of Deep Sea Fishing Charters Pty Ltd.

Deep Sea Fishing Charters Pty Ltd. (and solely this company) reserves the right to review and alter these terms, conditions and prices at any time, without prior notice.

The BOOKING organiser (i.e. the person responsible for booking & paying the initial deposit) is responsible to dispense a copy of these TERMS AND CONDITIONS to ALL members of their vested party.

Deep Sea Fishing Charters Pty Ltd Australia and Mystery Bay Charters are subsidiaries of Deep Sea Fishing Proprietary Limited.

WE/US/ENTITY/ DEEP SEA FISHING CHARTERS PTY LTD  = DEEP SEA FISHING CHARTERS PTY LTD

YOU, PASSENGERS, PARTICIPANTS, ORGANISER, PATRONS, CLIENTS, PARTY = customers that have directly or indirectly paid and booked a charter with Deep Sea Fishing Charters.

• You must always listen and abide by skippers instructions.You /parent or guardian for under 18 / are responsible to inform the staff of Deep Sea Fishing Charters Pty Ltd for of any food allergies/ intolerances or health conditions which may affect your safety on board and in the water. This must be notified prior to booking and on the Day.

• You only   board and disembark the boat once the skipper has advised it is save to do so
• You should wear weather appropriate clothing and footwear, apply sunscreen and keep hydrated.
• You must not be intoxicated or cause or partake in disruptive behaviour.

By booking a charter with Deep Sea Fishing Pty Ltd , YOU( the client )and all participants in your booking( i.e. ( EXCLUSIVE GROUP or SMALL GROUPS of individual booking ) are deemed to have fully read, understood and agreed upon the terms and conditions in this document( or below). YOU also acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002(Hyperlink). YOU also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of Deep Sea Fishing Charters Pty Ltd.

Deep Sea Fishing Charters Pty Ltd. (and solely this company) reserves the right to review and alter these terms, conditions and prices at any time, without prior notice.

The BOOKING organiser (i.e. the person responsible for booking & paying the initial deposit) is responsible to dispense a copy of these TERMS AND CONDITIONS to ALL members of their vested party.

Deep Sea fishing is a low risk, safe activity for most ages. While all safety measures are taken to by staff and crew of Deep Sea Fishing Charters Pty Ltd, all patrons boarding the vessel, do so at their own risk. Deep Sea Fishing Charters Pty Ltd and all its entity are not liable for any injuries/ damage/ losses caused while boarding, during and/ or departing from the charter.

We are not CERTIFIED to give any medical advice, and recommend if you have any concerns regarding your health permitting you for Deep Sea Fishing, to consult your health professional.

Harbour cruising in Sydney is a low risk, safe activity for most ages. While all safety measures are taken to by staff and crew of DEEP SEA FISHING CHARTERS PTY LTD, all patrons boarding the vessel, do so at their own risk. Deep Sea Fishing Charters Pty Ltd and all its entity are not liable for any injuries/ damage/ losses caused while boarding, during and/ or departing from the charter.

We are not CERTIFIED to give any medical advice, and recommend if you have any concerns pertaining your health with regards to this activity, to consult your health professional.

While there is no minimum age for Deep Sea Fishing. We recommend 10 years and above, for a comfortable experience for the child. 16 years and under require a parent/guardian present on the charter.

While there is no maximum age for deep sea fishing, we recommend. Any patron to be within reasonable health to be suitable for this activity. However, if in doubt we suggest you get certified advice.

All bookings must be confirmed prior to the Charter in order for it to proceed.

For a booking to be deemed confirmed. A confirmation email or text will be sent from Deep Sea Fishing Charters Pty Ltd.

(**Please Note** Phone and email enquiries from clients, shouldn’t be considered as a confirmed booking.)

• Cash Payment on the day (with credit card details for pre authorization only.)

2)  Bank Transfer,

Bank Details below

BSB: 062401

Acct: 10276983

Name: Deep Sea Fishing Charters PL

Bank: Commonwealth Bank of Australia

**Photo or email copy of receipt essential for confirmation, and please put your name in the transaction.

3)  Credit Card Payment incur a (3% surcharge) via phone or PayPal

For Exclusive charters a deposit is required for confirmation

MV Susannah: $300 deposit to secure your booking

Mystery Bay: $500 deposit to secure your booking

Departure wharfs and times will be advised on CONFIRMATION of booking.

While we pick up from numerous public wharfs in Sydney Harbour we strongly recommend the following for maximum fishing time.

Pick up from Rose Bay Wharf or Mosman Wharf, as its no charge, close to heads therefore maximum fishing time and minimal travel time.

We suggest you pick a single wharf for the entire group: So fishing time isn’t compromised. We are happy to pick up from multiple wharfs for an exclusive booking, although the extra travel time will be deducted from your charter, without compensation.

Rose Bay wharf is the pickup location.

Our primary aim is to take you out at your convenience, although we have the right to change time and wharf locations due to situations outside our control. This may include wharf renovations, booked out wharfs and most important availability of our skippers. No skipper available means, no charter so occasionally slight adjustments/ alterations might be required to make sure we take you out for a great experience.

Cancellation/Rescheduling BY YOU (i.e. clients)

Cancellations and Re scheduling requests must be made within the following timeframes to avoid incurring fees (and forfeiture of payments).

• INDIVIDUAL / SMALL GROUP BOOKINGS require a minimum of 14 days’ notice prior to charter date
• EXCLUSIVE CHARTER BOOKINGS require a minimum of 21 days’ notice prior to charter date to guarantee refund in full, ONLY if Deep Sea Fishing Charters Pty Ltd can rebook the boat.
• NYE CRUISE- is a non refundable  event , unless we, deep blue charters cancel the event due to circumstances we deem unsafe for the patrons.

In the case where cancellations DO NOT meet the above guidelines, we reserve the right to refuse refund (100% of charter cost may be charged, at our discretion.

We have a strict no-show/no refund policy !!!

You’re advised to arrive 15min earlier than the departure time, we’ll attempt to contact you if you’re not at the wharf but if you miss the boat – you’ll be charged 100% of the charter costs (no refund will be provided)

Please Understand , many public wharfs have a maximum 15 minute loading time, therefore, if you, or a member of your GROUP, do not board the vessel at the arranged time, we cannot hold up the fishing charter , and will have depart without you.

Deep Sea Fishing Pty Ltd. Gift Vouchers are NON-REFUNDABLE and must be used before expiry date.

Customer Service and safety is prime importance to us therefore charters will only operate under safe and acceptable weather conditions. Bad weather is inclusive of few factors, and by no means restricted to high SWELL and WIND, and not inclusive of RAIN, COLD, or NO SUN.

Although we aim to give minimum 24 hour notice prior to cancellation of a charter, we reserve the right to cancel charters, right up until the intended departure time. Due to the weather dependent nature of the business NO liability or responsibility is accepted for inconvenience or last minute change of charter plans by Deep Sea Fishing Charters Pty Ltd.

When a charter is cancelled by Deep Sea Fishing Charters Pty Ltd, you will be

1. Informed via text or email about the cancellation of the charter. We will only email or text the patrons whose numbers and emails we have. Any exclusive or small group bookings, it is responsibility of the organiser to inform of the cancellation, to their respective participants. All participants are responsible for checking their phone or email before the intended time of the departure to keep up with any cancellation or alterations to their bookings.
2. given you the option to rebook another suitable date
3. Provided with a credit note or gift voucher, of the paid value.
4. If NO suitable date can be arranged, a 100% refund is provided.
5. For refunds we can only return funds via Bank transfer, therefore we require your bank account & BSB number in for the money to be transferred in your account.

What Personal Information do we collect and why do we need it?

To provide you with our Services, we need to collect Personal Information.  If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services or those Services may be compromised.

Minimum numbers are required for a charter to go ahead.

For our business to run we need to cover basic cost inclusive but not limited to skippers wages, petrol, running of the boat, bait and fishing equipment.

For these to be met, we need minimum amount of money to cover those costs, hence minimum amount of people is essential for a charter to proceed.

This does not apply for exclusive bookings, as the entire cost of the boat is paid for.

The personal information we collect may include:

Your name/ or group individual names, email address, telephone numbers

Sensitive Information, for example, if you advise us of any health conditions, disability, or learning or behavioural conditions

Credit card details and expiry dates and security code

Bank Transfer Details

Your personal details given with your consent are secure with us and

Only for the use of Deep Sea Fishing Pty Ltd services.

Our Skippers are trained and certified operators and our safety and first aid manager’s.

For Safety of all passengers and staff of Deep Sea Fishing Pty Ltd., Skippers instructions and advice are to be followed at all times. This includes boarding and disembarking the vessel and duration of the charter.

This includes and by no means limited to

– Safety briefing, regarding your deep Sea fishing or harbour cruise experience

– Handling and usage of Fishing Equipment including all rods, reels, bait and tackle provided by Deep Sea Fishing Pty Ltd. –

-instructions, In case of injury, medical situations, or emergency situations due to unpredicted weather change and/or vessel malfunction.

-Non adherence to skipper’s instructions, may result in removal of the non-compliant patron/ group and termination of charter, with no refund.

GENERAL PASSENGER INFORMATION we recommend comfortable, light weight, water /wind resistant clothing suitable for most weather conditions. The weather offshore is always cooler and windier compared to inside the harbour. Comfortable covered shoes, (no high heels & thongs) to be worn at all times during the charter.

Other items we suggest you bring include

Slip slop slap = Hat and Sunscreen

Sunglasses

BYO food and drinks, (unless catered)

Esky with ice

Motion of the Ocean can cause sea sickness. We can recommend consuming seasickness tablets according to personal requirements.

We aren’t certified to give health advice, and strongly suggest all patrons to thoroughly read the instructions and consume the sea sickness tablets only as per directions.

For best results sea sickness they must be taken PRIOR to boarding the vessel, preferably few hours before. Taking it as your board may not be as effective.

We DON’T keep any sea sickness tablets on board. In the event a passenger gets seasick, we cannot bring any passenger back to a wharf until the charter is completed.

In extreme cases of passenger illness or injury, Deep Sea Fishing Charters Pty Ltd staff and management may decide to abort the charter for safety and wellbeing of the patron/s. Deep Sea Fishing Charters Pty Ltd, are not responsible or obliged to give refunds or offer a reschedule.

Deep Sea Fishing Charters Pty Ltd. offers catering packages. Our food is fresh and bought from butchers and supermarkets. We don’t cater for any food allergies, intolerances, or preferential diets. If you have special dietary requirements, we suggest BYO food.

You /parent or guardian for under 18 years / are responsible to inform the staff of Deep Sea Fishing Charters Pty Ltd for of any food allergies/ intolerances or health conditions which may affect your safety on board and in the water. This must be notified prior to booking and also on the Day.

While smoking is permitted on board, it shouldn’t affect the experience or safety of other patrons. Please dispose the cigarette butts off thoughtfully in appropriate bins provided on board. Deep Sea Fishing Charters Pty Ltd reserves the right to stop patrons from smoking if it’s interrupting other passenger’s experience.

BYO alcohol is permitted on board (cans only) for safety of all patrons and DEEP SEA FISHING CHARTERS PTY LTD staff.

BYO Ice for Deep Sea fishing, Harbour Cruises Ice is provided.

We reserve the right to refuse alcohol to any passenger at any time during the charter according to RSA Guidelines.

There is strictly NO SWIMMING allowed during a Deep Sea Charter.

Swimming can be allowed in Harbour Cruises and any passengers choosing this activity do so at their own risk. The Skipper in charge will advise when and where it’s safe to you swim.

You are advised to inform the skipper of your swimming abilities and strictly recommended not to go if not a confident swimmer. Children that aren’t confident swimmers aren’t allowed to do so and every child has to be supervised by a designated parent or guardian.

In the interest of your safety and other patrons, Deep Sea Fishing Charters Pty Ltd. Reserves the right to deny boarding of the vessel if you are deemed intoxicated under the influence of alcohol other substances, or disruptive Behaviour. No refund will be provided.

Any inappropriate behaviour on board, with or without under the influence of alcohol is deemed as a compromise of safety of other passengers and automatically gives Deep Sea Fishing Charters Pty Ltd and its entity , the right to organize the removal from charter of such a passenger and or/ abort the charter completely. Refunds are not permitted in this instance.

Deep Sea Fishing Charters Pty Ltd provides all the fishing licence and gear, although if you wish to bring your own, please feel free to do so. Deep Sea Fishing Charters Pty Ltd takes no responsibility or liability for your equipment.

All the equipment mentioned above and in that category is allowed, as long as it doesn’t affect the experience of other passengers on board. DEEP SEA FISHING CHARTERS PTY LTD holds no liability or responsibility for any loss, damage to equipment and or devices brought on board.

For Safety of all

• Any gear that is property of   Deep Sea Fishing Charters if misplaced or damaged or lost at sea, the individual/ group/ group organiser is responsible for the loss and   is liable for the cost of a brand new replacement.
• Any damage to the vessel, caused by mishandling, irresponsibility/ violation of safety rules or not adhering to skippers instructions, the individual / group/ organiser responsible for the cost.  This is inclusive of, the cost of brand new replacement parts and the service charges incurred.
• Passengers, patrons / groups are not liable for damage deemed normal wear and tear By Deep Sea Fishing Charters Pty Ltd.

Notwithstanding anything else expressed or implied in these terms and except where a statute requires otherwise, Deep Sea Fishing Charters Pty Ltd and its entity shall not be liable, whether in contract, tort or otherwise for:

(a) Any injury to persons or damage to property; or

(b) Any direct, indirect, consequential, financial or economic loss or damage to property arising out of any act or omission of Deep Sea Fishing Charters Pty Ltd.